ratemyhorsepro - horseauthority.co · in the court of common pleas cuyahoga county, ohio. derek l....
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NAILAH K. BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION Electronically Filed:
September 9,2016 13:18
By: MITCHELL J. YELSKY 0039295
Confirmation Nbr. 851375
DEREK L. SMITH AND REBECCA Y. SMITH, ETAL CV 16 867174
vs.
KALMBACH FEEDS, INC., ETAL
Judge:
HOLLIE L. GALLAGHER
Pages Filed: 53
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
DEREK L. SMITH, et al., CASE NO.: CV-16-867174
Plaintiffs, JUDGE HOLLIE GALLAGHER
- vs
KALMBACH FEEDS, INC., et al.,
PLAINTIFFS’ MOTION FOR LEAVE
TO PROPOUND IN EXCESS OF FORTY
(40) INTERROGATORIES
Defendants.
NOW COME the Plaintiffs, Derek L. Smith and Rebecca Y. Smith, by and
through their undersigned counsel, and pursuant to Ohio Rule of Civil Procedure 33,
hereby requests this Honorable Court issue an Order permitting Plaintiffs to propound in
excess of forty (40) Interrogatories.1 The reasons which more fully support this Motion
are as follows:
I. FACTS.
The First Amended Complaint for Negligence, Negligence Per Se, Strict Liability,
Fraud, Product Liability (Warranty Claims) and Spoliation of Evidence, concerns
Defendant Kalmbach Feeds, Inc.’s “Tribute Equine Nutrition” line of horse feed
products. Defendant markets and advertises its “Tribute Equine Nutrition” line of horse
feed product as a premium brand, that is allegedly manufactured in a “closed” and
“ionophore free” feed mill. In this case however, Plaintiffs’ valuable Percheron Draft
Horses were exposed to ionophores, contained in Defendant’s “Tribute Equine
Nutrition” horse feed products, resulting in grizzly and horrific poisoning deaths.
1 Copies of which are attached hereto as Exhibit "A”.
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lonophores are livestock feed medication additives, that are highly regulated by
the FDA. Livestock feed that contains ionophores is commonly known as “medicated
feed”. Although highly regulated by the FDA, certain ionophores such as monensin and
lasalocid, are allowed as ingredients to cattle feed, poultry feed, and swine feed,
lonophores are however, deathly toxic to horses. This is a fact that is expressly known
to Defendant Kalmbach Feeds, Inc.
Plaintiffs' counsel seeks leave to propound Interrogatories in excess of forty (40)
including subparts. Interrogatories 1 and 13 through 26 are fourteen (14) routine
discovery issue Interrogatories.2
Plaintiffs seek leave to propound eleven (11) Interrogatories, each with eight (8)
subparts, for an additional 88 Interrogatory subparts. These eleven (11) Interrogatories,
each with eight (8) subparts, are for ten (10) specific Lot Numbers of “Tribute Equine
Nutrition” horse feed, and one Lot Number for a specific Kalmbach Feeds, Inc. rabbit
feed. As concerns each identified Lot Number, Plaintiff seeks leave to propound a
formulaic Interrogatory, each seeking material evidence in the sole and exclusive care,
custody and control of Defendant Kalmbach Feeds, Inc. Representative of these eleven
(11) formulaic Interrogatories, is Interrogatory Number 2, specific to Tribute Equine
Nutrition Lot Number 71345, which is set forth in full as follows:
“Interrogatory No. 2.
Regarding Tribute Equine Nutrition Lot Number 71345,
please identify and/or state with specificity:
a) The trade name that Lot Number 71345 was sold as;
2 See: Interrogatory Nos. 1 and 13 through 26, which include five (5) subparts for routine
insurance coverage Interrogatory No. 21, for a total of 19 Interrogatories, inclusive of
subparts.
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b) The date Lot Number 71345 was produced;
c) Identify the mixing operators) for the manufacturer of
Lot Number 71345;
d) Identify the Mixer Line that Lot Number 71345 was
manufactured on and the exact building Lot Number
71345 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in
the manufacture of Lot Number 71345;
f) Was Lot Number 71345 pelletized? If so, when and
where;
g) Was Lot Number 71345 bagged? If so, when and
where?
h) Identify each and every ingredient, raw material,
and/or FDA regulated medicine including without
limitation monensin and/or lasalocid, that was placed
in any cell hand-add hopper(s) that were used for the
manufacture of Lot Number 71345, for three months
prior to the manufacture of Lot Number 71345.
Answer.”
These formulaic Interrogatories - one for each of the eleven (11) identified
Kalmbach Feeds, Inc. Lot Numbers - are the most cost efficient way for Plaintiffs to
obtain material evidence of basic manufacturing information of the ten (10) Tribute
Equine Nutrition Lot Numbers, and the one (1) Kalmbach Feeds, Inc. Rabbit Pellet Lot
Numbers.3 The information sought by those eleven (11) Interrogatories seeks material
evidence, for Plaintiffs to prepare their case for depositions and trial. The information
sought by these eleven (11) Interrogatories is required for Plaintiffs’ legal counsel, to
3 “Lot Number” is a term of art, in the livestock feed industry, from which date of production,
ingredient materials, and other crucial evidence can be discovered. “Lot Numbers" are
routinely coded, often with the Julian Code. Most importantly here, “Lot Number” discovery
will reveal any and all other livestock feed products, including those containing ionophores,
that were manufactured in / on / with the same equipment as the eleven (11) identified Lot
Numbers currently identified here.
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work with litigation consultants and expert witnesses, necessary to prosecute this
complex litigation.
Defendant Kalmbach Feeds, Inc. is in exclusive care, custody and control of all
of the information sought by Interrogatory.4 Plaintiffs have no other way to conduct this
discovery, which is necessary to prepare for deposition and trial, other than by
Interrogatory and Requests for Production of Documents. It is respectfully suggested
that granting leave to propound Interrogatories in excess of forty (40) are proper and
appropriate in this complex litigation, dealing with highly FDA regulated livestock (horse)
feed manufacturing practices, record retention and the other matters requested by
Interrogatory. By allowing Plaintiff to propound in excess of forty (40) Interrogatories,
this Court will be allowing the most efficient and expeditious way for Plaintiffs gather the
discovery of material evidence needed to prosecute this complex litigation.
It is also affirmatively stated that the Interrogatories for which leave to propound
is sought, are not being propounded for undue burden or annoyance, but rather to
obtain important discovery information and material evidence, all in the exclusive care,
custody and control of Defendant, all necessary for Plaintiffs to prosecute this complex
litigation.
II. LAW AND ARGUMENT.
Ohio Rule of Civil Procedure 33(A) provides, in pertinent part, that “[a] party shall
not propound more than 40 interrogatories to any other party without leave of
court.” (Emphasis added). The Rule goes on to state the requirements that a party
4 Plaintiffs’ counsel is mindful that the discovery attached hereto as Exhibit “A" may seek
information deemed by Kalmbach Foods, Inc. as proprietary, confidential and/or trade
secret, and Plaintiffs’ counsel is therefore agreeable to a Stipulated Confidential Protective
Order.
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must fulfill before propounding additional interrogatories: Upon motion, and for good
cause shown, the court may extend the number of interrogatories that a party may
serve upon another party”. See: Civ.R. 33(A). The Cuyahoga County Court of Appeals
recently held that a party must establish good cause to seek additional
interrogatories. It is then within the trial court’s discretion to grant leave to serve those
additional interrogatories. Chinnoc v. Renaissance Ctr., 2015-Ohio-768 (Eighth App.
Dist. March 15, 2015), 2015 Ohio App. LEXIS 729 21,23.5
District Courts sitting within the Sixth Circuit generally hold that the party seeking
leave to propound more than twenty-five (25) Interrogatories with discreet subparts
must set forth a “particularized” showing to exceed the limit of twenty-five (25)
Interrogatories. See, for example Burket v. Heiman Lippitt, PC, 2007 U.S. Dist. LEXIS
78321 (E. Dist. Ml., 2007) citing Duncan v. Paragon Publishing, 204 F.R.D. 127, 128
(S.D. Ind. 2001). As held by Duncan v. Paragon, supra, the District Court should make
a case by case analysis in determining whether a party may exceed the allotted number
of Interrogatories set forth in Rule 33, weighing the burdensome duplication in a given
circumstance. Duncan v. Paragon, 204 F.R.D. at 128.
The particularized need here, is that the formulaic Interrogatories 2 through 13
seek material and relevant discovery evidence, for each Lot Number currently known to
Plaintiffs, all in the exclusive care, custody, and control of Defendant Kalmbach Feeds,
Inc. From each Lot Number comes date of manufacture, records of ingredients, and
most importantly here, other products (including products containing deathly toxic
5 In Peabody Landscape Group v. Portco, Inc., 2015 Ohio Misc. LEXIS 13348 (Franklin Co.
Common Pleas, April 23, 2015) U 9, the Franklin County Court of Common Pleas held if the
Interrogatories “are a fit subject of discovery”, as is the case here, leave to propound in
excess of 40 should be granted.
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ionophores) manufactured in / on / with the same equipment. These eleven (11)
formulaic Interrogatories are not being propounded for undue burden or annoyance, but
rather to discover material evidence, all in Defendant Kalmbach Feeds, Inc.’s exclusive
care, custody and control. The discovery seeks relevant and material evidence, all
necessary and required for Plaintiffs to prosecute their claims, so that Plaintiffs’ counsel
can prepare for depositions and trial; and, so Plaintiffs’ counsel can work with litigation
consultants and expert witnesses.
Both Civ.R. 33(A) and the Cuyahoga County Court of Appeals in Chinnock v.
Renaissance Ctr. make the additional interrogatory standard fairly low, and places it in
the sound discretion of the trial court. Here, Defendant’s manufacture, distribution and
marketing of its "Tribute Equine Nutrition” line of horse feed products, involve highly
FDA regulated manufacturing issues, requiring highly detailed Interrogatory
requests. Granting leave for Plaintiff to propound Interrogatories 2-13, which inclusive
of subparts total 88, is the most cost efficient, and direct way, to obtain material
evidence, exclusively in the care, custody or control of Defendant Kalmbach Feeds,
Inc.. It is respectfully suggested that the Court’s examination of the Exhibit “A”
Interrogatories sought to be propounded are not being propounded for undue burden or
annoyance, but instead strike directly to the ultimate liability issues at hand in this
litigation, which is whether Kalmbach Feeds, Inc.’s “Tribute Equine Nutrition” line of
horse feed products were contaminated with deathly toxic, prohibited ionophores. If the
Interrogatories “are a fit subject of discovery” as is the case here, leave to propound in
excess of 40 should be granted. See: Peabody Landscape Group v. Portco, Inc., 2015
Ohio Misc. LEXIS 13348 (Franklin County Common Pleas, April 23, 2015) 1} 9.
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For all of the foregoing reasons, it is respectfully requested that this Honorable
Court grant leave, for Plaintiff to propound in excess of forty (40) Interrogatories,
inclusive of subparts, attached hereto as Exhibit “A”.
WHEREFORE, for these reasons, it is respectfully requested that this Honorable
Court grant Plaintiff leave to propound in excess of forty (40) Interrogatories, inclusive of
subparts, in accordance with Ohio Rule of Civil Procedure 33(A) and Chinnoc v.
Renaissance Ctr., 2015-Ohio-768 (Eighth App. Dist. March 15, 2015), 2015 Ohio App.
LEXIS 729 H1121, 23.
Respectfully submitted,
_ _ _ /s/ - Mitchell J. Yelsky_ _ _
YELSKY & LONARDO
BY: MITCHELL J. YELSKY, ESQ.
Ohio Reg. No. 0039295
450 Lakeside Place
323 Lakeside Avenue, West
Cleveland, Ohio 44113
216.781.2550-Telephone
216.781.6688 - Facsimile
[email protected] - Email
Counsel for PLAINTIFFS
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 9th day of September, 2016, a copy
of the following was filed electronically. Notice of this filing will be sent to all parties by
operation of the Court's electronic filing system. Parties may access this filing through
the Court’s e-filing system.
_ _ _ /is/ - Mitchell J. Yelsky
MITCHELL J. YELSKY, ESQ.
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
DEREK L. SMITH, ef a/.,
Plaintiffs,
- vs -
KALMBACH FEEDS, INC., ef a/.,
Defendants.
CASE NO.: CV-16-867174
JUDGE HOLLIE GALLAGHER
PLAINTIFFS’ FIRST SET OF
COMBINED INTERROGATORIES
AND REQUESTS FOR PRODUCTION
OF DOCUMENTS PROPOUNDED
UPON DEFENDANT KALMBACH
FEEDS. INC.
NOW COME the Plaintiffs, Derek L. Smith and Rebecca Y. Smith, by and
through their undersigned counsel, and pursuant to Ohio Rule of Civil Procedure 33,
hereby propounds the following Interrogatories upon the Defendant Kalmbach Feeds,
Inc., to be answered in writing and under oath, within twenty-eight (28) days of service
hereof, at the Law Offices of Yelsky & Lonardo, Suite 450 Lakeside Place, 323 Lakeside
Avenue, West, Cleveland, Ohio 44113.
Additionally, pursuant to Ohio Rule of Civil Procedure 34, Defendant Kalmbach
Feeds, Inc. is respectfully requested to produce for copying and inspection the following
requested documents and things, within twenty-eight (28) days of service hereof, at the
Law Offices of Yelsky & Lonardo, Suite 450 Lakeside Place, 323 Lakeside Avenue,
West, Cleveland, Ohio 44113.
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DEFINITIONS AND INSTRUCTIONS
1. These Discovery Requests require you to furnish all information within
Plaintiffs possession, custody or control.
2. In the event that you object to any of the Discovery Requests, or if any
Discovery Request is otherwise not answered in full, set forth in writing the specific
grounds for your objection and answer the Discovery Request to the extent not objected
to. If you are unsure of the meaning or scope of a term or word used herein, please call
our offices at (216) 781-2550 and attempt to resolve the ambiguity prior to objecting to
the interrogatory and opting to not answer the question.
3. The term "document(s)" means all materials within the scope of Rule 34 of
the Ohio Rules of Civil Procedure including, but not limited to: all writings and
recordings, including the originals and all non-identical copies, whether different from
the original by reason of any notation made on such copies or otherwise (including, but
not limited to, email and attachments, correspondence, memoranda, notes, diaries,
minutes, statistics, letters, telegrams, minutes, contracts, reports, studies, checks,
statements, tags, labels, invoices, brochures, periodicals, telegrams, receipts, returns,
summaries, pamphlets, books, interoffice and intraoffice communications, offers,
notations of any sort of conversations, working papers, applications, permits, file
wrappers, indices, telephone calls, meetings or printouts, teletypes, telefax, invoices,
worksheets, and all drafts, alterations, modifications, changes and amendments of any
of the foregoing); graphic or visual representations of any kind (including, but not limited
to, photographs, charts, microfiche, microfilm, videotape, recordings, motion pictures,
plans, drawings, surveys); electronic, mechanical, magnetic, optical or electric records
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or representations of any kind (including, but not limited to, computer files and
programs, tapes, cassettes, discs, recordings), including metadata; and any telephone
cards.
4. The term "identify" means the following:
(a) When used with reference to a document, please state:
(i) The type of document (i.e.. letter, memorandum, report,
tape, printout, etc.);
(ii) The name of the individual who drafted or prepared the
document;
(iii) The present or last known location of the document or other
identity of the individual who has custody of the document;
and,
(iv) Other such information sufficient to identify the document,
such as the addressee(s), the approximate length in pages,
persons who received copies, and a synopsis of its contents.
(b) When used with reference to an entity, please state its:
(i) Name;
(ii) Organizational status (i.e., corporation, partnership, etc.);
(iii) Business address and telephone number; and,
(iv) Other similar identifying information, except that if the person
to be identified is an individual, then identify as in
subparagraph (c).
(c) When used with reference to an individual, please state his or her:
(i) Name;
(ii) Last known residence address and telephone number;
(iii) Last known business address and telephone number;
(iv) Job title or position; and
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(v) Other similar identifying information.
(d) When used with reference to a communication:
(i) If written, identify the document as required in subparagraph
(a); and,
(ii) If oral (e.g., an unrecorded statement), state the date of the
communication and the individuals who sent, received and
otherwise had knowledge of the communication, and state
the substance of the communication.
5. In lieu of identifying particular documents or communications in response
to a particular Interrogatory, such documents or communications may, at your option, be
produced with your answers. If you elect to produce documents in this manner, please
clearly specify which Interrogatory they respond to (for example, by identifying a Bates
number range in your answer to the Interrogatory).
6. Wherever appropriate in these Discovery Requests, the singular form of a
word shall include the plural form of the word, and the masculine form of a word shall
include the feminine form of the word.
7. The term “you” and “your” as used herein refers to Defendant, Kalmbach
Feeds, Inc., as well as its present and former employees, agents, attorneys,
representatives, and any other person acting on Defendant’s behalf, on Defendant’s
officer’s behalf, or on behalf of any of Defendant’s present or past employees, agents,
attorneys, and representatives.
8. The term “evidence” is not limited to items that may be admissible as
evidence at a trial or hearing but includes all information and things.
9. The term “any” shall be construed to include all and vice versa.
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10. The terms “and" as well as “or” shall be construed either disjunctively or
conjunctively as necessary to bring any information within the scope of these Discovery
Requests that might otherwise be construed to be outside of their scope.
11. The terms “regarding” or “relating to” a specific subject shall mean all
information or documents that in any way support, reflect, record, memorialize, discuss,
evaluate, consider, review or report on the subject matter of the particular Discovery
Request.
12. With respect to any document for which a privilege is being asserted,
identify such document by stating:
(a) The name, title and job or position of the document’s author;
(b) The name, title and job or position of the document’s sender;
(c) The name, title and job or position of every person who received or
saw the document, or any of its copies;
(d) The date of the document;
(e) A brief description of the document’s subject matter;
(f) The basis for the privilege asserted; and
(g) The name, title and job or position of all persons on whose behalf the
privilege is asserted.
13. With respect to any conversation for which a privilege is being asserted,
identify such conversation by stating:
(a) When the conversation occurred;
(b) Where the conversation occurred;
(c) The name, title and job or position of each person who was present
at or during the conversation, whether or not such conversation
was in person or by telephone;
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(d) A brief description of the conversation’s subject matter; and,
(e) The name, title and job or position of all persons on whose
behalf the privilege is asserted.
14. These Discovery Requests are continuing and call for a prompt
supplemental answer if you obtain any additional or different information, oral or written,
between the time of the initial answers and the conclusion of this action.
INTERROGATORIES
Interrogatory No. 1.
State the full name, date of birth, address and telephone number of all individuals
answering these Interrogatories, and if more than one (1) person contributed to the
answering of these Interrogatories, please indicate which Interrogatories each individual
contributed to.
Answer.
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Interrogatory No. 2.
a) The trade name that Lot Number 71345 was sold as;
b) The date Lot Number 71345 was produced;
c) Identify the mixing operator(s) for the manufacturer of Lot Number 71345;
d) Identify the Mixer Line that Lot Number 71345 was manufactured on and
the exact building Lot Number 71345 was manufactured in;
e) Identify which hand-add hopper{s) was / were used in the manufacture of
Lot Number 71345;
f) Was Lot Number 71345 pelletized? If so, when and where;
g) Was Lot Number 71345 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 71345, for three months prior to the manufacture of Lot
Number 71345.
Answer.
Regarding Tribute Equine Nutrition Lot Number 71345, piease identify and/or state with
specificity:
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Interrogatory No. 3.
a) The trade name that Lot Number 71136 was sold as;
b) The date Lot Number 71136 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 71136;
d) Identify the Mixer Line that Lot Number 71136 was manufactured on and
the exact building Lot Number 71136 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 71136;
f) Was Lot Number 71136 pelletized? If so, when and where;
g) Was Lot Number 71136 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 71136, for three months prior to the manufacture of Lot
Number 71136.
Answer.
Regarding Tribute Equine Nutrition Lot Number 71136, please identify and/or state with
specificity:
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Interrogatory No. 4.
a) The trade name that Lot Number 72647 was sold as;
b) The date Lot Number 72647 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 72647;
d) Identify the Mixer Line that Lot Number 72647 was manufactured on and
the exact building Lot Number 72647 was manufactured in;
e) Identify which hand-add hopper{s) was / were used in the manufacture of
Lot Number 72647;
f) Was Lot Number 72647 pelletized? If so, when and where;
g) Was Lot Number 72647 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 72647, for three months prior to the manufacture of Lot
Number 72647.
Answer.
Regarding Tribute Equine Nutrition Lot Number 72647, please identify and/or state with
specificity:
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Interrogatory No. 5.
a) The trade name that Lot Number 72292 was sold as;
b) The date Lot Number 72292 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 72292
d) Identify the Mixer Line that Lot Number 72292 was manufactured on and
the exact building Lot Number 72292 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 72292;
f) Was Lot Number 72292 pelletized? If so, when and where;
g) Was Lot Number 72292 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 72292,for three months prior to the manufacture of Lot
Number 72292.
Answer.
Regarding Tribute Equine Nutrition Lot Number 72292, please identify and/or state with
specificity;
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Interrogatory No. 6.
a) The trade name that Lot Number 72281 was sold as;
b) The date Lot Number 72281 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 72281;
d) Identify the Mixer Line that Lot Number 72281 was manufactured on and
the exact building Lot Number 72281 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 72281;
f) Was Lot Number 72281 pelletized? If so, when and where;
g) Was Lot Number 72281 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 72281, for three months prior to the manufacture of Lot
Number 72281.
Answer.
Regarding Tribute Equine Nutrition Lot Number 72281, please identify and/or state with
specificity:
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Interrogatory No. 7.
a) The trade name that Lot Number 72249 was sold as;
b) The date Lot Number 72249 was produced;
c) Identify the mixing operator(s) for the manufacturer of Lot Number 72249;
d) Identify the Mixer Line that Lot Number 72249 was manufactured on and
the exact building Lot Number 72249 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 72249;
f) Was Lot Number 72249 pelletized? If so, when and where;
g) Was Lot Number 72249 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 72249, for three months prior to the manufacture of Lot
Number 72249.
Answer.
Regarding Tribute Equine Nutrition Lot Number 72249, please identify and/or state with
specificity:
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Interrogatory No. 8.
a) The trade name that Lot Number 74254 was sold as;
b) The date Lot Number 74254 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 74254;
d) Identify the Mixer Line that Lot Number 74254 was manufactured on and
the exact building Lot Number 74254 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 74254;
f) Was Lot Number 74254 pelletized? If so, when and where;
g) Was Lot Number 74254 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any ceil hand-add hopper(s) that were used for the manufacture
of Lot Number 74254, for three months prior to the manufacture of Lot
Number 74254.
Answer.
Regarding Tribute Equine Nutrition Lot Number 74254, please identify and/or state with
specificity:
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Interrogatory No. 9.
a) The trade name that Lot Number 73201 was sold as;
b) The date Lot Number 73201 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 73201;
d) Identify the Mixer Line that Lot Number 73201 was manufactured on and
the exact building Lot Number 73201 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 73201;
f) Was Lot Number 73201 pelletized? If so, when and where;
g) Was Lot Number 73201 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 73201, for three months prior to the manufacture of Lot
Number 73201.
Answer.
Regarding Tribute Equine Nutrition Lot Number 73201, please identify and/or state with
specificity:
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Interrogatory No. 10.
a) The trade name that Lot Number 73961 was sold as;
b) The date Lot Number 73961 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 73961;
d) Identify the Mixer Line that Lot Number 73961 was manufactured on and
the exact building Lot Number 73961 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 73961;
f) Was Lot Number 73961 pelletized? If so, when and where;
g) Was Lot Number 73961 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 73961, for three months prior to the manufacture of Lot
Number 73961.
Answer.
Regarding Tribute Equine Nutrition Lot Number 73961, please identify and/or state with
specificity:
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Interrogatory No. 11.
a) The trade name that Lot Number 75080 was sold as;
b) The date Lot Number 75080 was produced;
c) Identify the mixing operators) for the manufacturer of Lot Number 75080;
d) Identify the Mixer Line that Lot Number 75080 was manufactured on and
the exact building Lot Number 75080 was manufactured in;
e) Identify which hand-add hopper(s) was / were used in the manufacture of
Lot Number 75080;
f) Was Lot Number 75080 pelletized? If so, when and where;
g) Was Lot Number 75080 bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 75080, for three months prior to the manufacture of Lot
Number 75080.
Answer.
Regarding Tribute Equine Nutrition Lot Number 75080, please identify and/or state with
specificity:
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Interrogatory No. 12.
Regarding Kalmbach Feeds, Inc. Rabbit Food for Lot Number 72400, please identify
and/or state with specificity:
a) The trade name that Lot Number 72400 was sold as;
b) The date Lot Number 72400 was produced;
c) Identify the mixing operator(s) for the manufacturer of Lot Number 72400;
d) Identify the Mixer Line that Lot Number 72400 was manufactured on and
the exact building Lot Number 72400 was manufactured in;
e) Identify which hand-add hopper{s) was / were used in the manufacture of
Lot Number 72400;
f) Was Lot Number 72400pefletized? If so, when and where;
g) Was Lot Number 72400bagged? If so, when and where?
h) Identify each and every ingredient, raw material, and/or FDA regulated
medicine including without limitation monensin and/or lasalocid, that was
placed in any cell hand-add hopper(s) that were used for the manufacture
of Lot Number 72400, for three months prior to the manufacture of Lot
Number 72400.
Answer-
Interrogatory No. 13.
Identify the Custodian(s) of Records for retained samples of Tribute Equine Nutrition
finished, manufactured products.
Answer.
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Interrogatory No. 14.
Identify the Custodian(s) of Records for retained samples of Tribute Equine Nutrition
product ingredients and/or raw materials.
Answer-
Interrogatory No. 15.
Identify all non-expert witnesses that you intend to call at trial. Please include the full
name, address and telephone number of each person who has knowledge of any of the
matters alleged in the Complaint, or of any other discoverable matter.
Answer.
Interrogatory No. 16.
Identify each expert witness that you intend to call at trial. Please include the full name,
professional and residential address, telephone number, title area of expertise of each
separate expert and the employer of each separate expert.
Answer.
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Interrogatory No. 17.
State the subject matter on which each separate expert is expected to testify. Please
include all facts known and opinions held by each separate expert and the grounds
therefore. (As an alternative, you may attach a report of said expert if it supplies the
herein requested information.
Answer.
Interrogatory No. 18.
Identify any other expert retained or specially employed by you, in anticipation of
litigation or in preparation for trial whom you do not expect to testify at the trial of this
matter. Please include the full name, professional and residential address, telephone
number, occupation, employer and area of expertise of each separate expert
responsive to this Interrogatory.
Answer.
Interrogatory No. 19.
Have any of the experts identified in Interrogatories 16, 17 and 18 submitted written
reports? If so, identify the date and nature of the written reports and the full name and
address of the person having custody of such report.
Answer.
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Interrogatory No. 20.
Please state whether or not you are indemnified or covered by any policy or policies of
insurance for any of the allegations alleged in the Complaint of this litigation.
Answer.
Interrogatory No. 21.
If your answer to the preceding Interrogatory is in the affirmative, please state the
following for each separate policy of insurance:
a. ) the amount of coverage and the deductible set forth in each policy of
insurance;
b. ) the name and address of the insurance company;
c. ) the number of each separate insurance policy and any claim number
assigned to any occurrence in this litigation;
d. ) the date that each separate insurance policy was issued; and,
e. ) the expiration date of separate insurance policy.
Answer.
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Interrogatory No. 22.
Please state whether there are any disputes with respect to insurance policy or
coverage and, if so, the nature of any disputes.
Answer.
Interrogatory No. 23.
Please state whether there are any reservation of rights with respect to any separate
insurance policy or coverage, and if so, the basis for any said reservation rights.
Answer-
Interrogatory No. 24.
Please identify each and every document, item or thing that you will label as an Exhibit
or seek to introduce into evidence at the trial of this matter.
Answer.
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Interrogatory No. 25.
Piease identify each and every “seventy-five smaller affiliated mills”, as those terms are
used in the Kalmbach Feeds, Inc. screenshot attached hereto as Exhibit “A”.
Answer.
Interrogatory No. 26.
Please identify each and every Tribute Equine Nutrition authorized dealer
{approximately 150 dealers) referred to in the screenshot attached hereto as Exhibit “A”.
Answer.
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DOCUMENT REQUESTS
Regarding Tribute Equine Nutrition Lot Number 71345, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 71345 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 71345,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 71345, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operator(s) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 71345;
d) Any and all production records for Lot Number 71345;
e) Any and all run sheets and/or run reports for Lot Number 71345;
f) Any and all production schedules for Lot Number 71345;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 71345 was
manufactured on, for three months before Lot Number 71345 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and a// retained samples of Lot Number 71345, including the weight
and/or volume of any retained sample of Lot Number 71345;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 71345 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
71345 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 71345, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
Request for Production of Document No. 1.
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every product responsive to Request for Production of Documents 1(j)
above.
I) Any and all documents that relate to where Lot Number 71345 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response.
Request for Production of Document No. 2.
Regarding Tribute Equine Nutrition Lot Number 71136, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 71136 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 71136,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 71136, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operators) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 71136;
d) Any and all production records for Lot Number 71136;
e) Any and all run sheets and/or run reports for Lot Number 71136;
f) Any and all production schedules for Lot Number 71136;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 71136 was
manufactured on, for three months before Lot Number 71136 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and all retained samples of Lot Number 71136, including the weight
and/or volume of any retained sample of Lot Number 71136;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 7113671136 raw materials and/or
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ingredients, including the weight or volume of any retained sample of Lot
Number 71136 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 71136, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1(j)
above.
l) Any and all documents that relate to where Lot Number 71136 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response-
Request for Production of Document No. 3.
Regarding Tribute Equine Nutrition Lot Number 72647, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 72647was manufactured;
b) Any and all documents that contain the formula for Lot Number 72647,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 72647, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operator(s) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 72647;
d) Any and all production records for Lot Number 72647;
e) Any and all run sheets and/or run reports for Lot Number 72647;
f) Any and all production schedules for Lot Number 72647;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 72647 was
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manufactured on, for three months before Lot Number 72647 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and a// retained samples of Lot Number 72647, including the weight
and/or volume of any retained sample of Lot Number 72647;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 72647 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
72647 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 72647, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1 (j)
above.
l) Any and all documents that relate to where Lot Number 72647 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response-
Request for Production of Document No. 4
Regarding Tribute Equine Nutrition Lot Number 72292, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 72292 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 72292,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 72292, and the order
and/or sequence of the ingredients;
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c) Any and all documents the mixing operators) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 72292;
d) Any and all production records for Lot Number 72292;
e) Any and all run sheets and/or run reports for Lot Number 72292;
f) Any and all production schedules for Lot Number 72292;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 72292 was
manufactured on, for three months before Lot Number 72292 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and a// retained samples of Lot Number 72292, including the weight
and/or volume of any retained sample of Lot Number 72292;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 72292 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
72292 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 72292, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1(j)
above. .
l) Any and all documents that relate to where Lot Number 72292 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response.
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Request for Production of Document No. 5.
Regarding Tribute Equine Nutrition Lot Number 72281, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 72281 was
manufactured;
b) Any and ail documents that contain the formula for Lot Number 72281,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 72281, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operator(s) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 72281;
d) Any and all production records for Lot Number 72281;
e) Any and all run sheets and/or run reports for Lot Number 72281;
f) Any and all production schedules for Lot Number 72281;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 72281 was
manufactured on, for three months before Lot Number 72281 was
manufactured;
h) identify any and all documents that relate to, identify and/or concern any
and a// retained samples of Lot Number 72281, including the weight
and/or volume of any retained sample of Lot Number 72281;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 72281 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
72281 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 72281, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1(j)
above..
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I) Any and all documents that relate to where Lot Number 72281 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response.
Request for Production of Document No. 6.
Regarding Tribute Equine Nutrition Lot Number 72249, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 72249 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 72249,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 72249, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operator(s) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 72249;
d) Any and all production records for Lot Number 72249;
e) Any and all run sheets and/or run reports for Lot Number 72249;
f) Any and all production schedules for Lot Number 72249;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 72249 was
manufactured on, for three months before Lot Number 72249 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and all retained samples of Lot Number 72249, including the weight
and/or volume of any retained sample of Lot Number 72249;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 72249 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
72249 raw materials or ingredients;
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j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 72249, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1(j)
above..
l) Any and all documents that relate to where Lot Number 72249 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response.
Request for Production of Document No. 7.
Regarding Tribute Equine Nutrition Lot Number 74254, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 74254 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 74254,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 74254, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operator(s) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 74254;
d) Any and all production records for Lot Number 74254;
e) Any and all run sheets and/or run reports for Lot Number 74254;
f) Any and all production schedules for Lot Number 74254;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 74254 was
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manufactured on, for three months before Lot Number 74254 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and a// retained samples of Lot Number 74254, including the weight
and/or volume of any retained sample of Lot Number 74254;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 74254 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
74254 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 74254, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1{j)
above.
l) Any and all documents that relate to where Lot Number 74254 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response-
Request for Production of Document No. 8.
Regarding Tribute Equine Nutrition Lot Number 73201, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 73201 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 73201,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 73201, and the order
and/or sequence of the ingredients;
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c) Any and all documents the mixing operators) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 73201;
d) Any and all production records for Lot Number 73201;
e) Any and all run sheets and/or run reports for Lot Number 73201;
f) Any and ail production schedules for Lot Number 73201;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 73201 was
manufactured on, for three months before Lot Number 73201 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and all retained samples of Lot Number 73201, including the weight
and/or volume of any retained sample of Lot Number 73201;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 73201 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
73201 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 73201, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 10)
above,
l) Any and all documents that relate to where Lot Number 73201 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response.
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Request for Production of Document No. 9.
Regarding Tribute Equine Nutrition Lot Number 73961, please produce true, accurate
and complete copies of;
a) The Production schedule for the day Lot Number 73961 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 73961,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 73961, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operator(s) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 73961;
d) Any and all production records for Lot Number 73961;
e) Any and all run sheets and/or run reports for Lot Number 73961;
f) Any and all production schedules for Lot Number 73961;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 73961 was
manufactured on, for three months before Lot Number 73961 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and all retained samples of Lot Number 73961, including the weight
and/or volume of any retained sample of Lot Number 73961;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 73961 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
73961 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 73961, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 10
above.
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I) Any and all documents that relate to where Lot Number 73961 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response-
Request for Production of Document No. 10,
Regarding Tribute Equine Nutrition Lot Number 75080, please produce true, accurate
and complete copies of:
a) The Production schedule for the day Lot Number 75080 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 75080,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 75080, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operators) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 75080;
d) Any and all production records for Lot Number 75080;
e) Any and all run sheets and/or run reports for Lot Number 75080;
f) Any and all production schedules for Lot Number 75080;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 75080 was
manufactured on, for three months before Lot Number 75080 was
manufactured;
h) Identify any and all documents that relate to, identify and/or concern any
and a// retained samples of Lot Number 75080, including the weight
and/or volume of any retained sample of Lot Number 75080;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 75080 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
75080 raw materials or ingredients;
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j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 75080, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1{j)
above.
l) Any and all documents that relate to where Lot Number 75080 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response-
Request for Production of Document No. 11.
Regarding Kalmbach Feeds, Inc. Rabbit Pellet Lot Number 72400, please produce true,
accurate and complete copies of:
a) The Production schedule for the day Lot Number 72400 was
manufactured;
b) Any and all documents that contain the formula for Lot Number 72400,
including without limitation any and all documents that show the
ingredients required to manufacture Lot Number 72400, and the order
and/or sequence of the ingredients;
c) Any and all documents the mixing operators) used, wrote on, relied on,
made and/or generated, including without limitation sequencing of
ingredients, for the manufacture of Lot Number 72400;
d) Any and all production records for Lot Number 72400;
e) Any and all run sheets and/or run reports for Lot Number 72400;
f) Any and all production schedules for Lot Number 72400;
g) Any and all production records for each and every product that was
manufactured on the Mixer Line that Lot Number 72400 was
manufactured on, for three months before Lot Number 72400 was
manufactured;
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h) Identify any and all documents that relate to, identify and/or concern any
and a// retained samples of Lot Number 72400, including the weight
and/or volume of any retained sample of Lot Number 72400;
i) Identify any and all documents that relate to, identify and/or concern
retained samples of Lot Number 72400 raw materials and/or ingredients,
including the weight or volume of any retained sample of Lot Number
72400 raw materials or ingredients;
j) Identify any and all documents that relate to, identify and/or concern
retained samples of each and every product manufactured by Defendant
for one week prior to the manufacture of Lot Number 72400, including the
weight and/or volume of each requested retained sample;
k) Identify any and all documents that relate to, identifies and/or concerns
retained samples of all raw materials and/or ingredients, for each and
every product responsive to Request for Production of Documents 1 (j)
above.
l) Any and all documents that relate to where Lot Number 72400 was
delivered to, for whole sale, bulk and/or retail sales, including each and
every Kalmbach Feeds, Inc. distributor and/or recipient.
Response-
Request for Production of Document No. 12.
Please produce any and all log books or similar types of documents, for F.D.A.
regulated drugs and/or medications, including without limitation monensin and/or
lasalocid and/or sulfamethazine, for three months before Lot Number 71345 was
manufactured.
Response.
Request for Production of Document No. 13.
Please produce any and all contracts or agreements between Kalmbach Foods, Inc.
and United Pet Foods, 30801 Corwyn Street, Elkhart, Indiana 46513, that in any way
relate to Tribute Equine Nutrition Products and/or ingredients used in the manufacture
of Tribute Equine Nutrition Products.
Response.
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Request for Production of Document No. 14.
Please produce any and all contracts or agreements between Kalmbach Foods, Inc.
and Chagrin, Pet & Power Equipment, 188 Solon Road, Chagrin Falls, Ohio 44022, that
in anyway relate to the sale or distribute of Tribute Equine Nutrition Products.
Response-
Request for Production of Document No. 15.
Please produce any and all documents that relate to and/or concern “auto flushing at
the end of medicated feeds” (as those words are used by Fred Coutinho in his May 1,
2016 letter attached as Exhibit “B” to the Amended Complaint, also attached here for
easy reference):
a) From before April 1,2015; and,
b) From on or after April 1, 2015.
Response.
Request for Production of Document No. 16.
Please produce any and all documents that relate to and/or concern “air blow-off
between batches in the hand-add hopper” (as those words are used by Fred Coutinho
in his May 1, 2016 letter attached as Exhibit “B" to the Amended Complaint, also
attached here for easy reference):
a) From before April 1,2015; and,
b) From on or after April 1, 2015.
Response.
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Request for Production of Document No. 17.
Please produce any and all documents regarding implementation of “a periodic
inspection and cleaning procedure to monitor, maintain and document the cleanliness of
the hopper” (as those words are used by Fred Coutinho in his May 1, 2016 letter
attached as Exhibit “B” to the Amended Complaint, also attached here for easy
reference):
a) From before April 1, 2015; and,
b) From on or after April 1,2015.
Response-
Request for Production of Document No. 18.
Please produce any and all documents that relate to and/or concern “sequencing of
beads through the rest of [Kalmbach Feed, Inc.’s] process according to [Kalmbach
Feeds, Inc.’s] sequencing chart that has been developed using the feed additive
compendium to ensure safety” (as those words are used by Fred Coutinho in his May 1,
2016 letter attached as Exhibit “B” to the Amended Complaint, also attached here for
easy reference):
a) From before April 1, 2015; and,
b) From on or after April 1,2015,
Response.
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Request for Production of Document No. 19.
Please produce true, accurate and complete copies of the “sequencing chart” (as those
words are used by Fred Coutinho in his May 1,2016 letter attached as Exhibit “B” to the
Amended Complaint, also attached here for easy reference):
a) From before April 1,2015; and,
b) From on or after April 1,2015.
Response-
Request for Production of Document No. 20.
Please produce any and all food safety plans and/or similar types of documents, and
any and all documents that relate to and/or concern food safety plans or similar types of
documents, including all amendments and/or modifications, in service at Kalmbach
Feeds, Inc. from January 1,2013, up through and until the present date.
Response-
Request for Production of Document No. 21.
Please produce true, accurate and complete copies of any and all external audits,
including documents that relate to and/or concern external audits, of any and all food
safety plans or similar types of documents, in service at Kalmbach Feeds, Inc. from
January 1,2013, up through and until the present.
Response.
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Request for Production of Document No. 22.
Please produce true, accurate and complete copies of any and all documents that relate
to and/or concern hazard assessments of food safety risks and/or critical control points,
including all documents that relate to and/or concern hazard assessments of food safety
risks and/or of critical control points, from January 1, 2013 up through and until the
present.
Response,
Request for Production of Document No. 23.
Please produce true, accurate and complete copies of any and all documents relating to
and/or concerning whether or not Kalmbach Foods, Inc. is “safe food safe feed
certified”, from January 1,2013, up through and until the present.
Response-
Request for Production of Document No. 24.
Please produce true, accurate and complete copies of any and all documents relating to
and/or concerning whether Kalmbach Foods, Inc. is a member of “American Feed
Industry Association (“AFIA”), from January 1, 2013 up through and until the present.
Response.
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Request for Production of Document No. 25.
Please produce true, accurate and complete copies of any and all documents relating to
and/or concerning “hazard analysis and critical control points (“HACCP’"’), including
without limitation external audits, in service at Kalmbach Feeds, Inc. from January 1,
2013 up through and until the present.
Response.
Request for Production of Document No. 26.
Please produce true, accurate and complete copies of any and all employee manuals,
employee policy and procedure manuals and/or employee handbooks (including without
limitation all similar types of documents) including modifications and amendments, in
service at Kalmbach Feeds, Inc. from January 1, 2013 up through and until the present.
(This Request for Production of Document No. 26 includes without limitation all versions
of responsive documents related to job title, job description; management employees;
hourly and/or “labor” employees; shipping and receiving employees; or, any other
classification of employee).
Response-
Request for Production of Document No. 27.
Please produce true, accurate and complete copies of any and all documents which
relate to hand-add hopper ingredients, for each and every product manufactured by
Kalmbach Feeds, Inc. for thirty (30) days prior to and the date including the manufacture
of the following Lot Numbers, for each and every hand-add hopper used in the
manufacture of the following Lot Numbers:
a) Tribute Equine Nutrition Lot Number 71345;
b) Tribute Equine Nutrition Lot Number 71136;
c) Tribute Equine Nutrition Lot Number 72647;
d) Tribute Equine Nutrition Lot Number 72292;
e) Tribute Equine Nutrition Lot Number 72281;
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f) Tribute Equine Nutrition Lot Number 72249;
g) Tribute Equine Nutrition Lot Number 74254;
h) Tribute Equine Nutrition Lot Number 73201;
i) Tribute Equine Nutrition Lot Number 73961;
j) Tribute Equine Nutrition Lot Number 75080; and,
k) Kalmbach Feeds, Inc. Rabbit Pellet Tribute Equine Nutrition Lot Number
72400.
Response-
Request for Production of Document No. 28.
Please produce true, accurate and complete copies of any and all documents relating to
or concerning any communication between you, and any expert witness responsive to
Interrogatory Nos. 16, 17 and 18.
Response-
Request for Production of Document No. 29.
Please produce true, accurate and complete copies of any and all documents that you
provided to any expert witness responsive to Interrogatories 16, 17 and 18.
Response-
Request for Production of Document No. 30.
Please produce true, accurate and complete copies of any and all documents between
you and Trilogy Analytical Laboratory relating to Derek and/or Rebecca Smith.
Response.
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Request for Production of Document No. 31.
Please produce true, accurate and complete copies of any and all documents between
you and Michigan State University including the College of Veterinary Medicine at
Michigan State University, relating to Derek and/or Rebecca Smith.
Response.
Request for Production of Document No. 32.
Please produce true, accurate and complete copies of any and all documents between
you and Melissa Milligan, DVM, MS relating to Derek and/or Rebecca Smith.
Response-
Request for Production of Document No. 33.
Please produce true, accurate and complete copies of any and all documents between
you and Michigan State University including the Cornell University including the Cornell
University College of Veterinary Medicine, relating to Derek and/or Rebecca Smith.
Response.
Request for Production of Document No. 34.
Regarding Jeffrey O. Hall, DVM, Ph.D., please produce true, accurate and complete
copies of all documents that relate to:
a) all communications between Dr. Hall and Kalmbach Feeds, Inc.;
b) all documents provided to Dr. Hall, by Kalmbach Feeds, Inc., relating to
Dr. Hall’s July 21,2016 Opinion Letter;
c) all scientific research, materials, publications relied on or referred to by Dr.
Hall, relating to his July 21, 2016 Opinion Letter.
Response.
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Request for Production of Document No. 35.
Please produce true, accurate and complete copies of any and all documents that
Daniel Burke, Ph.D., referred to or relied on regarding Daniel J. Burke, Ph.D.’s undated
letter attached hereto as Exhibit “C”.
Response-
Request for Production of Document No. 36.
Please produce true, accurate and complete copies of any and all documents that relate
to and/or concern Daniel J. Burke, Ph.D.’s undated letter attached hereto as Exhibit “A”,
including all recipients of Daniel J. Burke, Ph.D.’s undated letter.
Response.
Request for Production of Document No. 37.
Please produce true, accurate and complete copies of Daniel J. Burke, Ph.D.’s
Curriculum Vitae, from January 1,2013, through and including present.
Response-
Request for Production of Document No. 38.
Please produce true, accurate and complete copies of each and every insurance policy
(including declarations, amendments and endorsements) that in any way relate to
Interrogatories 20, 21, 22, or 23.
Response.
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Request for Production of Document No. 39.
Please produce true, accurate and complete copies of any and all documents that relate
to any reservation of rights or disputes with any policy (same), that in any way relate to
Interrogatories 20, 21,22, or 23.
Response.
Request for Production of Document No. 40.
Please produce true, accurate and complete copies of any and all records and
documents that relate to the shipping and/or delivery, including recipient, of any horse
feed identified by the following Lot Number:
a) Tribute Equine Nutrition Lot Number 71345;
b) Tribute Equine Nutrition Lot Number 71136;
c) Tribute Equine Nutrition Lot Number 72647;
d) Tribute Equine Nutrition Lot Number 72292;
e) Tribute Equine Nutrition Lot Number 72281;
f) Tribute Equine Nutrition Lot Number 72249;
g) Tribute Equine Nutrition Lot Number 74254;
h) Tribute Equine Nutrition Lot Number 73201;
i) Tribute Equine Nutrition Lot Number 73961;
j) Tribute Equine Nutrition Lot Number 75080; and,
k) Kalmbach Feeds, Inc. Rabbit Pellet Tribute Equine Nutrition Lot Number
72400.
Response.
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Request for Production of Document No. 41.
Please produce true, accurate and complete copies of any and all documents,
demonstrative exhibits or other items that you intend to label as an Exhibit and seek to
introduce as evidence at trial, or use as a demonstrative Exhibit at trial.
Response.
Respectfully submitted
YELSKY& LONARDO
BY: MITCHELL J. YELSKY, ESQ. (0039295)
Suite 50 Lakeside Place
323 Lakeside Avenue, West
Cleveland, Ohio 44113
(216) 781-2550 - Telephone
(216) 781-6688-Facsimile
[email protected] - Email
www.velskvlonardo.com - Website
Counsel for Plaintiffs
Derek L. Smith and Rebecca Y. Smith
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of September, 2016, a copy of the foregoing
has been served upon counsel for Kalmbach Feeds, Inc., Philip S. Kushner, Esq., via
email at [email protected] and regular U.S. mail, postage paid at 1375
East 9th Street - Suite 1930, Cleveland, Ohio 44114.
MITCHELL J. YELSKY, ESQ.
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